Tuesday, 06 September 2005 |
Monday Morning Mold January 24, 2005 |
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Tuesday, 06 September 2005 |
Monday Morning Mold January 17, 2005 |
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FTC - Facts for Consumers |
Sunday, 07 August 2005 |
FEDERAL TRADE COMMISSION Warranties for Newly Built Homes: Know Your Options For many people, a home is the most expensive purchase they ever make. Itâs no wonder, then, that buyers of newly built homes are interested in warranties, which promise to repair or replace certain elements of the home, if necessary, within a certain time. According to the Federal Trade Commission, the nationâs consumer protection agency, if youâre considering a home warranty itâs important to understand what it covers, how to make a claim, and the process for resolving disputes that may arise between you and the builder or warranty company. |
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Thursday, 28 July 2005 |
The Home You Save Could Well Be Your Own! by Jordan Fogal What you don't know can hurt you. This information is given to you as a public service. You could be the next victim of our state laws and the ethically challenged, predatory builders in Houston. |
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Wednesday, 22 June 2005 |
Breaking the mold One by one they stepped to the podium to tell stories of dreams shattered. Young and old, they had the same story to tell - and many fought back tears as they spoke. |
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Message from Jordan Fogal |
Friday, 03 June 2005 |
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Binding Arbitration Clauses |
Thursday, 12 May 2005 |
Beware of All Binding Arbitration Clauses! New KB Home buyers & All buyers of homes with FHA & VA insured loans |
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Public Citizen - Locked out of courthouse |
Thursday, 12 May 2005 |
Business-Backed Class Action Bill Locks Consumers Out of Court Statement by Public Citizen President Joan Claybrook This week, the Senate will debate one of the most unfair, anti-consumer bills that weâve seen in years. This business-backed class action legislation (S. 5) will lock millions of consumers out of the courthouse. Business interests have spent tens of millions of dollars to pass it to avoid public accountability for fraud and deceptive practices. |
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Warning! New Home Buyers Avoid Builder Contracts that Harm New Home Buyers |
Sunday, 10 April 2005 |
How to minimize the risk By Janet Ahmad |
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Warning! New Home Buyers Avoid Builder Contracts |
Sunday, 10 April 2005 |
Warning! Avoiding Builder Contracts that Harm New Home Buyers How to minimize the risk By Janet Ahmad |
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Home Lemon Law - Why Texas Needs a Home Lemon Law |
Thursday, 07 April 2005 |
Homebuyers Need a Home Lemon Law
Why Texas Needs a Home Lemon Law
Homebuilders have become confident they can build homes that are substandard, disposable; and can not be held accountable because of unfair contractual advantages. Over the last 10 years homebuyers rights and protection has been severely eroded. And with the Texas Supreme Court poised to relieve Texas Homebuilders from the "warranty of habitability", now is the time to restore homebuyers confidence in their new home and their builder. The reasons for a Home Lemon Law are detailed below and we are fully prepared to debate each one with convincing supporting evidence.
The Texas Supreme Court and Centex. Centex Homes v. Buecher. Centex Homes (on behalf of all Texas home builders) has asked the Texas Supreme Court to relieve the industry of the "warranty of habitability". The main argument submitted in an Amicus by the National Association of Home Builders is that Texas home builders provide a home warranty that "offers significant tangible benefits". These so called "significant tangible benefits" are in fact, an Extremely Limited Unenforceable Warranty. Any ruling in favor of the Home Building Industry will again severely erode the homebuyers confidence in Texas Home Builders. What confidence can be fostered if a builder cannot warrant a home for habitability?
Side note: "The justices [Texas Supreme Court] also took $363,338 from Centex's law firms, Baker & Botts and Bracewell & Patterson,..." --The Home Boy's Hold On the High Court. Home Warranties are Unenforceable and SEVERELY limited. Home Warranties such as the Residential Warranty Corporation Warranty (RWC) used by Centex Homes, provides protection for Major Structural Defects ONLY, after the 2nd year. And a MSD is strictly defined in the RWC "It materially affects the physical safety of the occupants of the home". See a review of the RWC for details.
Mandatory Binding Arbitration Clauses. No access to the Courts. Home buyers have lost their right to a civil trial provided to all consumers through the United States and Texas Constitution by signing these rights away as a condition of buying a new home. In short, a homebuyer cannot sue a Texas home builder. These clauses are found in the new home contract and warranty.
Lack of Consumer Protection Agencies. Home buyers with a construction defects have little if any recourse via the BBB or the Texas Attorney Generals Office. Protection for our Veterans by the Veterans Administration is illusionary. HUD is the same. We expect more from our consumer agencies on the city, county, or state level to help with a construction defect.
Lack of Building Inspections. The builders are not required to have a building inspection by a State Licensed inspector, but when you sell your home, you will be required to do so.
Lack of enforcement of building codes. One of the warranty exclusion from the RWC is "Violation of applicable building codes". If the builder is in vilation of applicable building codes, the warranty will not cover this.
Defective Construction Products. Over the last 10 years defective construction products have surfaced costing homeowners thousands of dollars in repairs. Of course the warranties do not cover these such as Masonite siding, Synthetic Stucco, Roofing Shingles, Polybutelene Plumbing. The builders have taken no responsibility for these problems.
Limitations of the Residential Construction Liability Act. The RCLA provides more protection for the builders than it does for the homebuyer. It requires an attorney to understand and implement. The Home Lemon law will shortcut and simplify the prcedure without legal representation.
Health Hazards of our Homes. Many new homebuyers have found their homes and lives destroyed by "silent killers", mold. A homeowner in Dripping Springs Texas was the subject of a national story on 48 Hours. The homeowners learn the builders take no responsibility for this and the insurance companies will not cover the repairs. |
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